Controversial Embryo Protection Act amendments passed by Parliament

The government’s controversial amendments to the Embryo Protection Act were passed by Parliament yesterday evening, with 34 votes in favour and 27 against.

Two government ministers, Carmelo Abela and Helena Dalli, as well as Labour Party MP Edward Zammit Lewis, were abroad, as were two Nationalist Party MPs, Toni Bezzina and Clyde Puli, and Democratic Party MP Marlene Farrugia.

The amendments, first announced earlier this year, will see the introduction of embryo freezing and adoption, but had originally included altruistic surrogacy. Health Minister Chris Fearne, however, recently announced that this would be presented at a later stage through a separate bill. In addition, other changes were recently made to the proposals, including the anonymity previously envisaged for gamete and ova donation, which was partially lifted, meaning that children conceived as a result of assisted reproductive technology will now be allowed to find out who their biological parents are once they reach the age 18.

Many pro-life groups heavily opposed the bill, taking issue with the ‘objectification’ of human life through embryo freezing and the ethical and moral implications tied to the anonymous adoption of embryos.

Just prior to the vote, Leader of the Opposition Adrian Delia said he was allowing his party to vote freely on the amendments proposed by the government, stressing, however, that the law would be dictating death before birth.

He said that when there were ethical and moral issues, he would give a free vote, and invited Prime Minister Joseph Muscat to do the

same in this situation. The prime minister, during the parliamentary session, had said that the proposal had been part of the Labour Party’s electoral manifesto.

“This is a law which creates inequality before birth,” Delia said. He added that such amendments would affect children’s rights and would no longer protect them, even after birth. He described it as “a law which is destroying the concept of family and destroying the structure of society; so much so, that tomorrow we will not recognise it.”

“This is a government that insists on creating a soulless state,” the Opposition leader said, adding that the government had failed to listen or explain why it was proposing the amendments.

“We will continue to fight against this law and oppose it,” Delia concluded.

Health Minister Chris Fearne, in a press conference of his own, said that the law as it was had problems, stressing amending the law would give more women the chance to give birth.

Turning to gamete donation, the minister said this would provide the opportunity for even more families to have children. He said that the law also removed discrimination against single parents by choice, and LGBTIQ persons. He also mentioned giving rights to the children, allowing them to know the name of the donor at the age of 18.

President Marie Louise Coleiro Preca also joined the debate over the past weeks. Last Sunday, she said, in a letter to pro-life groups, that she had advised the health minister to consult the Attorney General on the constitutionality of the bill. Prime Minister Muscat later said that the Attorney General had been giving such advice from day one and that there were no constitutional issues with the proposals. He said that the President had done well to meet with citizens.

The prime minister pushed this legislation forward, stating that government was committed to enacting such necessary reforms.

He had insisted that his party was unified on the issue – at second reading stage, which took place weeks ago, all government MPs voted in favour of the bill, while all Opposition MPs voted against. However, comments from former Minister George Vella and former Parliamentary Secretary Deborah Schembri may indicate otherwise.

Vella had taken to Twitter and said that the law was “a complete travesty of ethics, morality and human dignity, allegedly to remove ‘discrimination’ imposed by nature itself,” stating that he would have voted against it. Meanwhile, Schembri said that she had always been against embryo freezing, embryo adoption and surrogacy: “I am all in favour of helping the creation of families, including those of gay couples and single people through the use of IVF treatment, but I am against embryo freezing and embryo adoption when these are not done in the best interest of the embryo, and also against the legalisation of surrogacy.”